Florida Senate - 2016                                     SB 950
       
       
        
       By Senator Legg
       
       
       
       
       
       17-00927-16                                            2016950__
    1                        A bill to be entitled                      
    2         An act relating to failure to return hired or leased
    3         personal property or equipment; amending s. 812.155,
    4         F.S.; deleting provisions providing criminal penalties
    5         for failure to return hired or leased personal
    6         property or equipment in certain circumstances;
    7         conforming provisions; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsections (3) and (4) of section 812.155,
   12  Florida Statutes, are amended and subsections (5) through (8) of
   13  that section are redesignated as subsections (4) through (7),
   14  respectively, to read:
   15         812.155 Hiring, leasing, or obtaining personal property or
   16  equipment with the intent to defraud; failing to return hired or
   17  leased personal property or equipment; rules of evidence.—
   18         (3) FAILURE TO RETURN HIRED OR LEASED PERSONAL PROPERTY.
   19  Whoever, after hiring or leasing personal property or equipment
   20  under an agreement to return the personal property to the person
   21  letting the personal property or equipment or his or her agent
   22  at the termination of the period for which it was let, shall,
   23  without the consent of the person or persons knowingly abandon
   24  or refuse to return the personal property or equipment as
   25  agreed, commits a misdemeanor of the second degree, punishable
   26  as provided in s. 775.082 or s. 775.083, unless the value of the
   27  personal property or equipment is of a value of $300 or more; in
   28  that case the person commits a felony of the third degree,
   29  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   30         (3)(4) EVIDENCE.—
   31         (a) In a prosecution under this section, obtaining the
   32  property or equipment under false pretenses; absconding without
   33  payment; or removing or attempting to remove the property or
   34  equipment from the county without the express written consent of
   35  the lessor, is evidence of fraudulent intent.
   36         (b) In a prosecution under subsection (3), failure to
   37  redeliver the property or equipment within 5 days after
   38  receiving the demand for return from a courier service with
   39  tracking capability or by certified mail, return receipt
   40  requested, or within 5 days after delivery by the courier
   41  service or return receipt from the certified mailing of the
   42  demand for return, is prima facie evidence of abandonment or
   43  refusal to redeliver the property or equipment. Notice mailed by
   44  certified mail, return receipt requested, or delivery by courier
   45  with tracking capability to the address given by the renter at
   46  the time of rental is sufficient and equivalent to notice having
   47  been received by the renter, should the notice be returned
   48  undelivered.
   49         (c) In a prosecution under subsection (3), failure to pay
   50  any amount due which is incurred as the result of the failure to
   51  redeliver property or equipment after the rental period expires,
   52  and after the demand for return is made, is prima facie evidence
   53  of abandonment or refusal to redeliver the property or
   54  equipment. Amounts due include unpaid rental for the time period
   55  during which the property or equipment was not returned and
   56  include the lesser of the cost of repairing or replacing the
   57  property or equipment if it has been damaged.
   58         Section 2. This act shall take effect July 1, 2016.